NEW BRUNSWICK — Relatives of the man shot and killed by New Brunswick police last year met with the Middlesex County prosecutor for three hours today, but did not receive any assurance that corrective action had been taken to avoid future incidents, their attorney said.

"We asked, can you assure us that corrective action has been taken. They could not. We needed that modicum of justice for the Deloatch family," Bombelyn said.

When pressed later, Kaplan said he has previously acknowledged that on the night the unarmed Deloatch was killed, neither officer was carrying a baton and one was not carrying chemical spray.

The prosecutor said, however, that he has spoken with city Police Director Anthony Caputo and was told the issue has been addressed. Kaplan said Caputo will continue to monitor the situation to "ensure compliance."

Today’s events came one day after a county grand jury decided not file criminal charges against Mazan and Berdel.

Bombelyn, one of three attorneys who accompanied Deloatch’s two adult sons and other relatives to yesterday’s meeting with Kaplan, said the family was not satisfied with the grand jury’s decision and will "pursue all possible legal avenues to obtain justice."

"That was a bitter pill to swallow, that there was no indictment here," she said. "But that really added insult to injury when the prosecutor could not say that any corrective action had been taken."

Deloatch’s sons said in a statement late Thursday that they are shocked and disappointed by theg grand jury’s decision. They said the shooting was at least grossly negligent and the product of a dysfunctional department, and at worst a crime.

"We are devastated," the statement said. "This is not right."

Local activists respond to grand jury verdict in Barry Deloatch shootingOn Thursday night, a grand jury cleared two New Brunswick police officers involved in last year's fatal shooting of Barry Deloatch, who was unarmed at the time. On Friday, several local activists spoke to the media outside the site of the shooting. (Video by Michael Monday/The Star-Ledger)

Meanwhile, Kaplan said the officers, who have been on administrative leave since the shooting, will be assigned to the city’s public safety building until the department reviews the case and determines whether departmental charges should be filed.

The officers must also undergo physical and psychological fitnesss evaluations before returning to active duty, Caputo said.

The shooting occurred on Throop Avenue shortly after midnight when Berdel and Mazan approached three men, including Deloatch, who had just emerged from an alley. When the men were ordered to show their hands, Deloatch refused, holding one hand behind his back, Kaplan said. When Mazan drew his weapon and repeated the order, Deloatch ran, prompting the officers to give chase, authorities have said.

When Mazan caught and tackled Deloatch, the suspect began beating the officer with a 2-foot board, police have said. Berdel, to protect his partner, fired at Deloatch, killing him, authorities have said. It was later determined Deloatch was not carrying a gun.

Kaplan said the grand jury met for 11 consecutive weeks, heard 57 witnesses and reviewed 280 exhibits. He said the decision would withstand the scrutiny of a review by any state or federal agency.

"While the shooting is a tragedy on many levels, it is clear that the grand jury conducted a thorough, impartial and independent review," he said